La restrizione dell’immunità giurisdizionale per attività delle società di classificazione

Classification companies are private companies engaged by shipowners to survey ships and certify that they are built in accordance with the class rules adopted by classification companies themselves. These companies are also entrusted by flag States with the certification of ships according to the standards established by international conventions. Hence the question whether classification companies are entitled to immunity before the courts of States other than the flag State. The present contribution focuses on two recent cases which brought new elements into the debate. Both decisions - one of the European Court of Justice and the other of the Italian Court of Cassation - deal with the sinking of the ship "Al Salam Boccacio '98". Both deny the jurisdictional immunity of RINA, the classification company which had certified the vessel, mainly because of the asserted non-discretionary and technical character of classification and certification activities. In the view of the A., the restriction of immunity to acts of a political nature finds no support in customary international law